How Long Do I Have to Sue After My Florida Car Accident?
Once you are injured in a Florida car accident, how long do you have to file a lawsuit? Florida car accident victims do not have unlimited time to file a claim. Reasonable deadlines, known as the statute of limitations, are put in place by Florida personal injury laws and practical limitations exist as well.
It is important to be aware of both kinds of limitations in order to increase your odds of being awarded fair financial compensation. You will also need the legal guidance of an experienced Florida personal injury attorney.
What is the Statute of Limitations?
The statute of limitations governs the deadline by which you have to either file a formal lawsuit with a Florida civil court or forego your rights to any compensation. If you attempt to bring a claim once the statute of limitations has expired, the court will have no choice but to dismiss it except in the rare case that an exception applies.
Even though some exceptions do exist, they do not apply to the majority of claimants.
Florida’s Statute of Limitations
Florida’s statute of limitations for a personal injury claim, such as a car accident claim or a wrongful death claim, is how long after an accident you are able to file a lawsuit. The deadline for basic bodily injury is four years from the day of your accident.
If someone was killed in the accident and if you want to bring a claim of wrongful death, the deadline is two years from the day of the victim’s passing. It is important to keep in mind that the statute of limitations for a wrongful death starts on the date of death, which is not always the date of the injury.
Does it Apply to My Settlement?
Most vehicle accident claims are resolved via settlement rather than courtroom litigation. Once the statute of limitations lapses, however, you may no longer file a claim with the court. Once you lose that leverage, the opposing side has no reason to negotiate with you.
Finish your negotiations and sign your settlement agreement before the statute of limitations runs out. Your other choice is to file a lawsuit before it expires.
Florida Personal Injury Attorneys
As with every kind of personal injury case, the endless number of variables makes your claim unique. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim.
Your attorney will know the most thorough and efficient way of collecting vital evidence that proves you were not at fault for the accident. Establishing this fact is essential to the success of your Tampa personal injury case.
If you have sustained injuries during any kind of accident that was caused by another person’s negligence or carelessness, there is evidence out there that will substantiate your claim. A reputable personal injury attorney from Fulgencio Law will be able to help you. Call us at (813) 463-0123 to schedule your free Tampa personal injury consultation today.